1 | | - | H.B. No. 1066 |
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| 1 | + | By: Ashby, Larson (Senate Sponsor - Perry) H.B. No. 1066 |
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| 2 | + | (In the Senate - Received from the House April 4, 2019; |
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| 3 | + | April 8, 2019, read first time and referred to Committee on Water & |
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| 4 | + | Rural Affairs; April 30, 2019, reported favorably by the following |
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| 5 | + | vote: Yeas 6, Nays 1; April 30, 2019, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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4 | 10 | | AN ACT |
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5 | 11 | | relating to extensions of an expired permit for the transfer of |
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6 | 12 | | groundwater from a groundwater conservation district. |
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7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 14 | | SECTION 1. Section 36.122, Water Code, is amended by adding |
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9 | 15 | | Subsections (j-1), (j-2), (r), and (s) and amending Subsection (k) |
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10 | 16 | | to read as follows: |
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11 | 17 | | (j-1) A district shall extend a term under Subsection (i)(2) |
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12 | 18 | | or (j) on or before its expiration in the manner prescribed by |
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13 | 19 | | Section 36.1145: |
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14 | 20 | | (1) to a term that is not shorter than the term of an |
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15 | 21 | | operating permit for the production of water to be transferred that |
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16 | 22 | | is in effect at the time of the extension; and |
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17 | 23 | | (2) for each additional term for which that operating |
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18 | 24 | | permit for production is renewed under Section 36.1145 or remains |
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19 | 25 | | in effect under Section 36.1146. |
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20 | 26 | | (j-2) A permit extended under Subsection (j-1) continues to |
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21 | 27 | | be subject to conditions contained in the permit as issued before |
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22 | 28 | | the extension. |
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23 | 29 | | (k) Notwithstanding the period specified under Subsection |
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24 | 30 | | [in Subsections] (i), [and] (j), or (j-1) during which water may be |
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25 | 31 | | transferred under a permit, a district may periodically review the |
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26 | 32 | | amount of water that may be transferred under the permit and may |
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27 | 33 | | limit the amount if additional factors considered in Subsection (f) |
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28 | 34 | | warrant the limitation, subject to Subsection (c). The review |
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29 | 35 | | described by this subsection may take place not more frequently |
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30 | 36 | | than the period provided for the review or renewal of regular |
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31 | 37 | | permits issued by the district. In its determination of whether to |
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32 | 38 | | renew a permit issued under this section, the district shall |
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33 | 39 | | consider relevant and current data for the conservation of |
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34 | 40 | | groundwater resources and shall consider the permit in the same |
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35 | 41 | | manner it would consider any other permit in the district. |
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36 | 42 | | (r) The district may grant or deny an application to extend |
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37 | 43 | | a term under Subsection (i)(2) or (j) submitted under this section |
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38 | 44 | | only using rules that were in effect at the time the application was |
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39 | 45 | | submitted. |
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40 | 46 | | (s) An application to extend a term under Subsection (i)(2) |
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41 | 47 | | or (j) is governed solely by district rules consistent with |
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42 | 48 | | Subsection (j-1). |
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43 | 49 | | SECTION 2. The changes in law made by this Act apply only to |
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44 | 50 | | the term of a permit issued under Sections 36.122(i) and (j), Water |
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45 | 51 | | Code, that expires after September 1, 2019. |
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46 | 52 | | SECTION 3. This Act takes effect September 1, 2019. |
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47 | | - | ______________________________ ______________________________ |
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48 | | - | President of the Senate Speaker of the House |
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49 | | - | I certify that H.B. No. 1066 was passed by the House on April |
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50 | | - | 3, 2019, by the following vote: Yeas 147, Nays 1, 2 present, not |
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51 | | - | voting. |
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52 | | - | ______________________________ |
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53 | | - | Chief Clerk of the House |
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54 | | - | I certify that H.B. No. 1066 was passed by the Senate on May |
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55 | | - | 8, 2019, by the following vote: Yeas 29, Nays 2. |
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56 | | - | ______________________________ |
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57 | | - | Secretary of the Senate |
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58 | | - | APPROVED: _____________________ |
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59 | | - | Date |
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60 | | - | _____________________ |
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61 | | - | Governor |
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| 53 | + | * * * * * |
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